Certain questions are illegal for an employer to ask a potential employee. An example of some these questions are:
- Have you seen a doctor recently?
- How is your health?
- Do you have any chronic illnesses such as diabetes, IBD, or arthritis?
As the interviewee, you will also want to avoid bringing up personal topics such as health, marriage status, religion, and politics during an interview. If you do happen to mention something about any of these topics, the interviewer should not pursue it.
Employers can ask if there is a physical condition that may interfere with job performance. However, these types of questions can only relate to the specific duties outlined in the job description.
Pre-employment tests are common, but there are rules as to the kinds of tests that can be given. All prospective employees must be given the same tests.
It is legal for a prospective employer to make a tentative job offer that is conditional on the basis of a medical exam. This medical exam can't be a condition of employment unless it proves an applicant is physically unable to perform the job, or if hiring an applicant would cause undue hardship on the business. For example, a firefighter must be able to climb ladders in order to reach the upper stories of buildings. Obviously, applicants who are unable to climb a ladder would not be suitable for a firefighter position.
A person with a disability can ask for "reasonable accommodation," as outlined by the Americans With Disabilities Act. However, a business is not required to make accommodations that would cause "undue hardship." An example would be extensive alterations to workspaces or the purchase of equipment that would cause a financial difficulty for the business.
If an applicant is concerned that an employer did not hire her based on the results of a physical examination, a copy of the medical exam may be requested. The decision to not hire an applicant can be challenged.
Discrimination because of disability charges can be filed with the U.S. Equal Employment Opportunity Commission. The EEOC can be contacted at 1-800-669-4000 (TDD 1-800-669-6820), or through their website.

